§ 11-87 Definitions.
RCNY § 11-87
As used in this subchapter, the following terms mean: Attendant. "Attendant" means a person employed as a school bus attendant by a company that currently has or previously had (i) a contract with the department of education or (ii) a subcontract with any company that currently has or previously had a contract with the department of education to provide transportation services for children in grades kindergarten through twelve. Department. "Department" means the department of small business services. Department of education. "Department of education" means the department of education of the city of New York. Dispatcher. "Dispatcher" means a person employed as a school bus dispatcher by any company that currently has or previously had (i) a contract with the department of education or (ii) a subcontract with any company that currently has or previously had a contract with the department of education to provide transportation services for children in grades kindergarten through twelve. Master seniority lists. "Master seniority lists" means the industry-wide lists established pursuant to contractual employee protection provisions with the department of education to provide transportation services for children in grades kindergarten through twelve. Master seniority lists qualified employee. "Master seniority lists qualified employee" means a person who: (1) is a resident of the city of New York; (2) is certified by the department of education's office of pupil transportation as a school bus driver or attendant, in the event such person is employed as a school bus driver or attendant; (3) was a school bus driver, attendant, dispatcher or mechanic on, or eligible for placement on, the master seniority lists as of June 30, 2014, or any date thereafter through June 30, 2019; (4) is a school bus driver, attendant, dispatcher or mechanic for a qualified employer in connection with such employer's contract or subcontract pursuant to request for bids number B2321 with the department of education during the 2019-20 school year; and (5) is paid by a qualified employer a 2019-20 regular rate that is less than the regular rate dating to the placement on master seniority lists. Mechanic. "Mechanic" means a person employed as a school bus mechanic by any company that currently has or previously had (i) a contract with the department of education or (ii) a subcontract with any company that currently has or previously had a contract with the department of education to provide transportation services for children in grades kindergarten through twelve. Provider of transportation services. "Provider of transportation services" means an entity or a subsidiary of such entity that (i) had a contract with the department of education or (ii) had a subcontract with any entity that had a contract with the department of education, to provide transportation services for children in grades kindergarten through twelve which expired on June 30, 2014. Qualified employer. "Qualified employer" means any entity that has a contract with the department of education or a subcontract with an entity that has a contract with the department of education to provide transportation services for children in grades kindergarten through twelve for the 2019-20 school year pursuant to request for bids number B2321. Regular rate. "Regular rate" means "regular rate" as defined pursuant to 29 U.S.C. § 207, and further specified in 29 C.F.R. § 778.109, or any succeeding provisions. Regular rate dating to the placement on master seniority lists. "Regular rate dating to the placement on master seniority lists" means the regular rate of pay earned by any master seniority lists qualified employee on the last date of employment prior to being placed on, or becoming eligible for, the master seniority lists. Recess adjustment payment. "Recess adjustment payment" means any additional compensation received for five days during winter and spring recess. School bus driver. "School bus driver" means any person employed as a school bus driver by a company that currently has or previously had (i) a contract with the department of education or (ii) a subcontract with any company that currently has or previously had a contract with the department of education to provide transportation services for children in grades kindergarten through twelve. Summer accrual. "Summer accrual" means any additional compensation received at or about the completion of the school year based on the years of service of the 2019 qualified employee or of the master seniority lists qualified employee. 2019 qualified employee. "2019 qualified employee" means any person who: (1) is a resident of the city of New York; (2) is certified by the department of education's office of pupil transportation as a school bus driver or attendant, in the event such person is employed as a school bus driver or attendant; (3) was a school bus driver, attendant, dispatcher or mechanic employed by a provider of transportation services on June 30, 2014 in connection with such provider's contracts with the department of education; (4) is a school bus driver, attendant, dispatcher or mechanic for a qualified employer in connection with such employer's contract or subcontract pursuant to request for bids number B2321 with the department of education during the 2019-20 school year; and (5) is paid by a qualified employer a 2019-20 regular rate that is less than the 2013-14 regular rate. 2013-14 regular rate. "2013-14 regular rate" means the regular rate paid by any provider of transportation services to any 2019 qualified employee during the 2013-14 school year. 2019-20 regular rate. "2019-20 regular rate" means the regular rate paid by any qualified employer to any 2019 qualified employee or any master seniority lists qualified employee during the 2019-20 school year. Provided, that, for any 2019 qualified employee or master seniority lists qualified employee covered by a collective bargaining agreement or to whom a best and final offer has been imposed, the regular rate means either the hourly rate pursuant to (i) the collective bargaining agreement in effect at the time payment is due or (ii) the best and final offer of the qualified employer for the 2019-20 school year, whichever is higher. (Added City Record 10/29/2015, eff. 11/28/2015; amended City Record 3/10/2017, eff. 4/9/2017; amended City Record 12/14/2017, eff. 1/13/2018; amended City Record 11/21/2018, eff. 12/21/2018; amended City Record 1/9/2020, eff. 2/8/2020)
